LEAGER & HEDLIN

In *Leager & Hedlin*, the Federal Circuit Court of Australia considered an application by the father for leave to proceed on an undefended basis in parenting proceedings. The mother had initiated the proceedings but had failed to file any substantive material since March 2019, despite trial directions. The father's evidence remained unchallenged.

The primary legal issue before the Court was whether to grant the father leave to proceed with his application for final orders for sole parental responsibility on an undefended basis, given the mother's lack of participation and evidence. This required the Court to consider whether the mother had been accorded procedural fairness.

Judge Kirton QC reasoned that the mother had been given substantial notice of the father's intention to seek leave to proceed undefended and was aware of the risk of orders being made in her absence. The Court was satisfied that the mother had been accorded procedural fairness. Consequently, leave was granted to the father to proceed on an undefended basis.

The Court ordered the dismissal of the mother's initiating application due to her default in appearance and granted the father leave to proceed on an undefended basis with his application for sole parental responsibility.